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Board of Aldermen 6-09-2020 Page 7

PERIOD FOR PUBLIC COMMENT RELATIVE TO ITEMS EXPECTED TO BE ACTED UPON THIS
EVENING

Keeping in mind the health and safety of our residents and employees, we are requesting
that if you wish to speak on agenda items, you submit your comments to include your name
and address via e-mail by 5 PM on the Wednesday prior to a Board meeting which will be
accepted and placed on file with the minutes of the meeting. Please e-mail your comments
to: BOA@nashuanh.gov

COMMUNICATIONS REQUIRING FINAL APPROVAL

From: Justin Kates, Director of Emergency Management

Re: Approving the 2019-2020 Memorandum of Understanding between Goodwill Industries of Northern
New England’s Goodwill VISTA Partnership and the City of Nashua

MOTION BY ALDERMAN LOPEZ TO ACCEPT THE ALLOCATED FUNDS AND APPROVE THE 2019-

2020 MEMORANDUM OF UNDERSTANDING BETWEEN GOODWILL INDUSTRIES OF NORTHERN
NEW ENGLAND’S GOODWILL VISTA PARTNERSHIP AND THE CITY OF NASHUA, BY ROLL CALL

A viva voce roll call was taken which resulted as follows:

Yea: Alderman O’Brien, Alderman Klee, Alderwoman Kelly, Alderman Dowd,
Alderman Caron, Alderman Clemons, Alderman Lopez, Alderman Tencza,
Alderwoman Lu, Alderman Jette, Alderman Schmidt, Alderman Cleaver,
Alderman Laws, Alderwoman Harriott-Gathright, Alderman Wilshire 15

Nay: 0

MOTION CARRIED

PETITIONS - None

NOMINATIONS, APPOINTMENTS AND ELECTIONS

Joint Convention with Trustees of Woodlawn/Pinewood Cemeteries

There being no objection, President Wilshire declared that the Board of Aldermen meet in joint
convention with the Trustees of Woodlawn/Pinewood Cemeteries for the purpose of re-nominating
two Trustees and called for nominations.

Trustee Jensen nominated Mark Coulombe and Todd Whitney for five-year terms to expire
March 31, 2025.

There being no objection, President Wilshire closed the nominations.

A viva voce roll call was taken which resulted as follows:

Yea: Alderman O’Brien, Alderman Klee, Alderwoman Kelly, Alderman Dowd,
Alderman Caron, Alderman Clemons, Alderman Lopez, Alderman Tencza,
Alderwoman Lu, Alderman Jette, Alderman Schmidt, Alderman Cleaver,
Alderman Laws, Alderwoman Harriott-Gathright, Alderman Wilshire,

Trustee Buslovich, Trustee Jensen, Mayor Donchess 18

Nay: 0

Board of Aldermen 6-09-2020 Page 8
MOTION CARRIED

President Wilshire declared Mark Coulombe and Todd Whitney duly appointed to the Woodlawn/Pinewood
Cemeteries for terms to expire March 31, 2025.

Oath of Office administered by Corporation Counsel.
There being no objection, President Wilshire declared that the Joint Convention now arise.

REPORTS OF COMMITTEE

Finance Committee....0. 0c. ccc eee cee eee cer ceeete ter eretravevarterereteratetartererererees 05/21/2020

There being no objection, President Wilshire declared the report of the May 21, 2020 Finance Committee
accepted and placed on file.

Joint Meeting — Committee on Infrastructure and Planning and Economic
Development Committee... 0.0.0.0... cece cee eects eee teeeetaeeteeaee see ee 05/27/2020

There being no objection, President Wilshire declared the report of the May 27, 2020 joint meeting of
Committee on Infrastructure and Planning and Economic Development Committee accepted and placed
on file.

Personnel/Administrative Affairs Committee. ........ 00.00 cce ccc cee cece cee ceeeuneeeeraneeees 06/01/2020

There being no objection, President Wilshire declared the report of the June 1, 2020
Personnel/Administrative Affairs Committee accepted and placed on file.

Budget Review Committee... 0.0.0.0... cee cece cee ee tee see et tte ettatettsateetsaeetssaes 06/02/2020

There being no objection, President Wilshire declared the report of the June 2, 2020 Budget Review
Committee accepted and placed on file.

Finance Committee...... 0... ec cce cee cee cee cee cee eee cee eeetertettretitatetittiiretiratesirrer se, 06/03/2020

There being no objection, President Wilshire declared the report of the June 3, 2020 Finance Committee
accepted and placed on file.

CONFIRMATION OF MAYOR'S APPOINTMENTS

Electric Aggregation Committee

There being no objection, President Wilshire confirmed the following to the Electric Aggregation
Committee: appointment of new members: Robert Blaisdell, 24 Railroad Square, Nashua, and Lawrence
Lutton, 47 Concord Street, Nashua, both with terms to expire May 31, 2023

President Wilshire

Mr. Blaisdell will not be attending and both gentlemen will be sworn in at a later date.

Oath of Office to be administered at a later date.

Board of Aldermen 6-09-2020 Page 9
UNFINISHED BUSINESS — RESOLUTIONS

R-20-033
Endorsers: Mayor Jim Donchess
Alderman-at-Large Michael B. O’Brien
Alderman Patricia Klee
Alderman Richard A. Dowd
Alderman Linda Harriott-Gathright
Alderman Skip Cleaver
Alderman-at-Large Lori Wilshire
AUTHORIZING THE MAYOR TO EXECUTE A CONFIRMATORY DEED TO PENNICHUCK
WATER WORKS
Given its second reading;

MOTION BY ALDERMAN DOWD FOR FINAL PASSAGE OF R-20-03, BY ROLL CALL
A viva voce roll call was taken which resulted as follows:

Yea: Alderman O’Brien, Alderman Klee, Alderwoman Kelly, Alderman Dowd,
Alderman Caron, Alderman Clemons, Alderman Lopez, Alderman Tencza,
Alderwoman Lu, Alderman Jette, Alderman Schmidt, Alderman Cleaver,
Alderman Laws, Alderwoman Harriott-Gathright, Alderman Wilshire 15

Nay: 0
MOTION CARRIED
Resolution R-20-033 declared duly adopted.

R-20-039

Endorsers: Alderman-at-Large Lori Wilshire
Alderman-at-Large Michael B. O’Brien, Sr.
Alderman-at-Large David C. Tencza
Alderman Richard A. Dowd

AUTHORIZING PENNICHUCK CORPORATION AND PENNICHUCK WATER WORKS, INC. TO

ISSUE TAXABLE BONDS OF UP TO $75,000,000

e Budget Review Committee Recommends: Re-assigning to Pennichuck Special Water Committee

Without objection, President Wilshire re-assigned R-20-039 to the Pennichuck Special Water Committee
to be held on Monday, June 15, 2020, at 7:00 pm.

UNFINISHED BUSINESS — ORDINANCES

O-20-014, Amended

Endorsers: Mayor Jim Donchess
Alderman-at-Large Benjamin Clemons
Alderman-at-Large Lori Wilshire
Alderman-at-Large Shoshanna Kelly
Alderman Jan Schmidt
Alderman Patricia Klee
Alderman Thomas Lopez
Alderman-at-Large Michael B. O’Brien, Sr.
Alderman Richard A. Dowd

RELATIVE TO TEMPORARY AJUSTMENT TO SITE PLANS

Board of Aldermen 6-09-2020 Page 10
Given its second reading;
MOTION BY ALDERMAN CLEMONSTO AMEND O-20-014 BY REPLACING IT WITH THE GOLDEN
ROD AMENDMENT MADE AT THE JOINT MEETING OF COMMITTEE ON INFRASTRUCTURE AND
PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE, BY ROLL CALL
ON THE QUESTION
Alderman Clemons
It’s a minor but major, it basically says that there will be no fees processed for these changes.
President Wilshire
Thank you, further discussion on the motion to amend? Would the Clerk please call the roll?
A viva voce roll call was taken which resulted as follows:
Yea: Alderman O’Brien, Alderman Klee, Alderwoman Kelly, Alderman Dowd,
Alderman Caron, Alderman Clemons, Alderman Lopez, Alderman Tencza,
Alderwoman Lu, Alderman Jette, Alderman Schmidt, Alderman Cleaver,
Alderman Laws, Alderwoman Harriott-Gathright, Alderman Wilshire 15
Nay: 0
MOTION CARRIED

MOTION BY ALDERMAN CLEMONS FOR FINAL PASSAGE OF O-20-014 AS AMENDED, BY ROLL
CALL

A viva voce roll call was taken which resulted as follows:

Yea: Alderman O’Brien, Alderman Klee, Alderwoman Kelly, Alderman Dowd,
Alderman Caron, Alderman Clemons, Alderman Lopez, Alderman Tencza,
Alderwoman Lu, Alderman Jette, Alderman Schmidt, Alderman Cleaver,
Alderman Laws, Alderwoman Harriott-Gathright, Alderman Wilshire 15

Nay: 0
MOTION CARRIED
Resolution O-20-014 declared duly adopted as amended.
O-20-017
Endorsers: Alderwoman-at-Large Shoshanna Kelly
AUTHORIZING FREE PARKING AT METERS AND PAY STATION SPACES THROUGH

NOVEMBER 15, 2020
(tabled at May 21, 2020 BOA mtg)

Board of Aldermen 6-09-2020 Page 11

NEW BUSINESS — RESOLUTIONS

R-20-042
Endorser: Alderman-at-Large David C. Tencza
APPROVING THE COST ITEMS OF A SIDEBAR AGREEMENT BETWEEN THE NASHUA
BOARD OF FIRE COMMISSIONERS AND THE NASHUA FIREFIGHTERS ASSOCIATION 1.A.F.F.
LOCAL 789 REGARDING VACATION ACCRUAL
MOTION BY ALDERMAN TENCZA TO SUSPEND THE RULES FOR A SECOND READING BY ROLL
CALL

ON THE QUESTION

Alderwoman Kelly

If you could just speak to why there is a need to suspend this and do it right now versus sending it to the
Committee that would be great?

President Wilshire

We got an e-mail from Alderman Tencza this afternoon, that | believe there’s an expiration of that those
days go away. Alderman Tencza?

Alderman Tencza

Madam President, if we could, | believe that Assistant Chief Walker is in the meeting as well to speak to
this. There is some urgency with this Resolution, it’s actually not the fiscal year that it is dependent upon
it's actually the anniversary dates of each employee so those come up at various times. If we don’t pass
this, it could affect when people would be able to roll over this vacation time, which they haven’t taken due
to the recent budget and staffing issues due to the COVID-19. So Chief Walker, if he’d like to speak more
to that, he would have more details, if, Madam President, you would allow him to.

President Wilshire
| would, Deputy Walker?

Deputy Fire Chief Walker

Good evening, this is Chief Walker from Fire & Rescue. So the reason behind this was that during the
initial stages of the epidemic, we had some people who were out due to some exposures. We needed our
people to show up, we needed our people to come to work. The way our vacation accrual works is that on
their anniversary, if they have more than they are allowed accrued, they would lose it. Some of those
anniversaries happened in April and May and some are going to happen in June. So we are just waiting
so that they can start to use those accumulated hours. It is a small pool, there’s only 10 people that it
involves, the numbers are as low as 10 hours and the highest is 126. Some of those hours, they have
already started to use.

In the agreement there is a 6-month window that they can use it but we would like them to use some of it
at least within this fiscal year and we have only three weeks left. So that’s the urgency that there is no
real impact financially, it is just they are carrying the hours over instead of losing them. And we just want
them to have the ability to use it at this point. So if you have any other questions, Ill be happy to answer
them.

your internal use as necessary, and upon the further condition that, as our sole property, they shall not be used, in whole or
in part, for furnishing information to others or for any purpose not specifically authorized in a writing signed by one of our
corporate officers. These ownership provisions shall not be superseded by any printed form used in connection with or
arising out of a sale induced by a proposal or othemise.

11. PATENT INFRINGEMENT (a) We warrant that the Equipment in the condition sold to you is free of the rightful claim of
infringement of any apparatus claims of any third-party U.S. patent issued as of the date of our acknowledgment and
acceptance of your order, and we will defend, indemnify and hold you harmless from such claims; provided, however, we
make no express or implied warranties of non-infringement and undertake no indemnification in respect of third-party rights
where the alleged patent infringement is based upon or related to (i) any method, process or product claims in third-party
U.S. patents; (ii) any combination of the Equipment with other equipment not supplied by us; or (iii) any modifications of the
Equipment made by you and not approved by us.

(b) You shall notify us within 30 days of your receipt of notice of an alleged third-party patent infringement
claim that would entitle you to patent infringement indemnification pursuant to paragraph 11(a), and we shall thereupon
assume defense of the claim at our expense. We shall have the sole right to settle or otherwise compromise such a
third-party claim, including but not limited to the right to either (i) modify the Equipment to avoid infringement if you are
agreeable to the modification, (ii) repurchase the Equipment from you at a price equal to the then-current fair market

value of the Equipment, or (iii) secure rights by assignment or license to permit continued use of the Equipment.

(c) If a third party charges us with patent infringement relating to Equipment sold by us to you, we shall have the
right to either (i) modify the Equipment to avoid infringement if you are agreeable to the modification, (ii) repurchase the
Equipment from you at a price equal to the then-current fair market value of the Equipment, or (iii) secure rights by
assignment or license to permit continued use of the Equipment. If a third party charges us with patent infringement on the
bases set forth in paragraph 11(a){(i), (ii) or (iii), you shall hold us harmless for all expenses and awards of damage
assessed against us, and we shall also have the right to modify or repurchase the Equipment or to secure rights for
continued use by way of assignment or license as set forth in this paragraph.

(d) Our total, cumulative liability under paragraphs 11a), (b) and/or (c) is limited to 100% of the price paid to us by
you for the Equipment.

12. SAFETY AND HEALTH STANDARDS: The Equipment described herein (or on the specifications provided herewith)
complies with applicable safety and health standards issued pursuant to the Occupational Safety and Health Act of 1970
(the Act) and in effect on this date as such standards are interpreted and understood by us. These standards may be
amended and/or their meaning may be clarified prior to shipment or performance, and if such change or clarification
requires changes in the Equipment described herein, we shall make the necessary changes available to you. You shall pay
for any and all such changes at our prices therefor in effect at time of shipment or performance, as the case may be.
Because actual compliance by employers with the Act is beyond our control, we cannot and do not represent that the use of
the Equipment described herein, nor the location, installation or maintenance thereof, will comply with the Act or regulations
and standards issued pursuant thereto. We make no representation of compliance with safety and health standards
contained in any statute, regulations or ordinance of any state or political subdivision thereof applicable to the Equipment
described herein unless you have notified us of the existence and contents of such standards and we have agreed in
writing to the incorporation of such standards in the specifications relating to such Equipment. Nothing in this provision shall
operate to modify or affect in any manner whatsoever our disclaimer of any liability for consequential damages contained
elsewhere in these terms and conditions of sale.

13. INSPECTION: Upon prior written notice, you may make reasonable inspections of Equipment at our facility. We reserve

the right to determine the reasonableness of the request and to select an appropriate time and location for such inspection.
www.alfalaval.com

Classified by Alfa Laval as Business

Board of Aldermen 6-09-2020 Page 12
Alderman Tencza

Madam President, I'll just point out too that this is something that we have done for employees of the
Police Department. | think there was a consensus in that; | can’t imagine — we certainly could go through
the — we may have to go through the normal process here but it doesn’t seem like that’s necessary since
we have already had a debate on this issue. So it makes sense for efficiency purposes in order to
suspend the rules and go forward with this proposal tonight.

Alderman Dowd

Yes, first I’d like to be listed as a co-sponsor and second, | fully support this action. It gives the Fire
Department a little more time for planning purposes and it is very similar to what we did for the Police
Department. | think it’s only fair that we do this for the Fire Department as well.

Alderman Klee

Thank you, Madam President. | want to echo the words of those who have spoken before me. We have
done it in the past and considering what this pandemic has done to everybody’s schedule and so on, |
think it’s something that we should consider and | too would like to be a sponsor of that too. Thank you.
President Wilshire

Anyone else? The Motion is to suspend to allow for a second reading.

Alderman Harriott-Gathright

| would also like to be an endorser for this and | fully support it.
Alderman Clemons

Yes, Madam President if you can add me as a co-sponsor, I’d appreciate that.

Alderman Lopez

| mean | am just going to vote for it, so you don’t have to add me as a co-sponsor.
Alderman Caron

| think this is a great idea and | see we have another Ordinance to help Public Health Community because
of those vacation days that they are not taking because of this virus. But! am a little concerned, have we
looked at the other employees who are unaffiliated who are not able to take their time as well and they are
going to lose that time at the end of the year if they don’t take it. | think it is something that we should be
looking at for all of those employees who have more vacation and they are going to lose it. And | don’t
mind being a sponsor. But | think it is important that we look at the City as a whole. And | think it’s great
that we are going to recognize the Fire Department and this Ordinance O-20 for Public Health. Thank
you.

Alderman Klee

Thank you, Madam President. | again | feel like I’m doing a ‘me too’, but | want to each what Alderman
Caron had said. We really should be, especially considering that we’ve been in such odd schedules over
the past few months. Those who have been working full time haven’t been able to take leave and | think
we should be giving consideration to extending theirs. But | do have a quick question, | know it is kind of
off to the side and maybe for a future conversation, do theirs also end at their anniversary or is there an
end of the year type of thing for the other non-affiliated employees?

Board of Aldermen 6-09-2020 Page 13

Alderman Harriott-Gathright

Can we move the question on this one? I’m sorry, | realized | was still on — I’m going to mute.

Alderman Lopez

Can | sponsor the moving of the question?
Steve Bolton, Corporation Counsel

| might be able to help Madam President with the question. The unaffiliated employees earn a certain
number of personal days each year, 5 | believe and those have to be taken during the fiscal year and if
they are not taken, they expire as of July 1%. People and it depends how long they have been employed,
earn various amounts of vacation days each year. One is allowed to accumulate double the amount that is
earned each year. So a fairly recent employee would earn 12 days a year, could accrue up to 24 days on
their anniversary date of employment, the lose any excess days or hours over that double the yearly
amount.

President Wilshire

Thank you. Anyone further? The Motion is to suspend to allow for a second reading? Would the Clerk
please call the roll?

A viva voce roll call was taken which resulted as follows:

Yea: Alderman O’Brien, Alderman Klee, Alderwoman Kelly, Alderman Dowd,
Alderman Caron, Alderman Clemons, Alderman Lopez, Alderman Tencza,
Alderwoman Lu, Alderman Jette, Alderman Schmidt, Alderman Cleaver,
Alderman Laws, Alderwoman Harriott-Gathright, Alderman Wilshire 15

Nay: 0
MOTION CARRIED

R-20-042
Endorser: Alderman-at-Large David C. Tencza
Alderman Richard A. Dowd
Alderman Patricia Klee
Alderman Linda Harriott-Gathright
Alderman-at-Large Ben Clemons
Alderman June M. Caron
APPROVING THE COST ITEMS OF A SIDEBAR AGREEMENT BETWEEN THE NASHUA
BOARD OF FIRE COMMISSIONERS AND THE NASHUA FIREFIGHTERS ASSOCIATION IL.A.F.F.
LOCAL 789 REGARDING VACATION ACCRUAL
Given its second reading;

MOTION BY ALDERMAN TENCZA FOR FINAL PASSAGE OF R-20-042 BY ROLL CALL

Board of Aldermen 6-09-2020 Page 14

ON THE QUESTION

Alderwoman Kelly

Yes thank you. | just wanted to thank everyone for their responses, | was asking my question about the
motion to suspend just to make sure that everybody understood why we were doing that and | intend to
support this.

A viva voce roll call was taken which resulted as follows:

Yea: Alderman O’Brien, Alderman Klee, Alderwoman Kelly, Alderman Dowd,
Alderman Caron, Alderman Clemons, Alderman Lopez, Alderman Tencza,
Alderwoman Lu, Alderman Jette, Alderman Schmidt, Alderman Cleaver,
Alderman Laws, Alderwoman Harriott-Gathright, Alderman Wilshire 15

Nay: 0
MOTION CARRIED
Resolution R-20-042 declared duly adopted

R-20-043
Endorser: Alderman-at-Large Lori Wilshire
Alderman-at-Large Michael B. O’Brien
Alderman Richard A. Dowd
Alderman Patricia Klee
Alderman-at-Large David C. Tencza
Alderman Linda Harriot-Gathright
Alderman Tom Lopez
Alderman-at-Large Brandon Michael Laws
AUTHORIZING PENNICHUCK CORPORATION AND PENNICHUCK EAST UTILITY, INC. TO
ENTER INTO A TERM LOAN AND RENEW A FIXED ASSET LINE OF CREDIT WITH COBAMK,
ACB
Given its first reading; assigned to the PENNICHUCK SPECIAL WATER COMMITTEE by President
Wilshire

R-20-044
Endorser: Mayor Jim Donchess
Alderman-at-Large Michael B. O’Brien
Alderman Jan Schmidt
Alderman Richard A. Dowd
Alderman Patricia Klee
Alderman-at-Large David C. Tencza
Alderwoman Elizabeth Lu
Alderman Tom Lopez
Alderman-at-Large Lori Wilshire
Alderman Skip Cleaver
Alderman Linda Harriott-Gathright
Alderman June M. Caron
Alderwoman-at-Lage Shoshanna Kelly
RELATIVE TO THE ACCEPTANCE AND APPROPRIATION OF AN ADDITIONAL $377,873.50
FROM THE STATE OF NEW HAMPSHIRE, DEPARTMENT OF HEALTH AND HUMAN
SERVICES INTO TRANSIT GRANT ACTIVITY “FEDERAL TRANSIT AUTHORITY (“FTA”)
OPERATING GRANT”
Given its first reading; assigned to the HUMAN AFFAIRS COMMITTEE by President Wilshire

Board of Aldermen 6-09-2020 Page 15

R-20-045
Endorser: Mayor Jim Donchess
Alderman Jan Schmidt
Alderman-at-Large Michael B. O’Brien
Alderman Linda Harriott-Gathright
Alderman-at-Large David C. Tencza
Alderman Tom Lopez
Alderwoman-at-Large Shoshanna Kelly
Alderman Patricia Klee
Alderman June M. Caron
Alderman-at-Large Brandon Michael Laws
Alderman-at-Large Lori Wilshire
RELATIVE TO THE ACCEPTANCE AND APPROPRIATION OF $190,000 FROM THE STATE OF
NEW HAMPSHIRE DEPARTMENT OF HEALTH AND HUMAN SERVICES CARES ACT FUNDING
INTO PUBLIC HEALTH AND COMMUNITY SERVICES GRANT ACTIVITY “FY2020 PUBLIC
HEALTH CRISIS RESPONSE”
Given its first reading; assigned to the HUMAN AFFAIRS COMMITTEE by President Wilshire

R-20-046
Endorser: Mayor Jim Donchess
Alderman June M. Caron
Alderman-at-Large Brandon Michael Laws
Alderman Linda Harriott-Gathright
Alderman Jan Schmidt
Alderman-at-Large David C. Tencza
Alderman-at-Large Michael B. O’Brien
Alderman Richard A. Dowd
Alderman Tom Lopez
Alderman Patricia Klee
Alderman Skip Cleaver
Alderwoman-at-Large Shoshanna Kelly
Alderman-at-Large Lori Wilshire
RELATIVE TO THE ACCEPTANCE AND APPROPRIATION OF $159,460 FROM THE UNITED
STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT CARES ACT FUNDING
INTO PUBLIC HEALTH AND COMMUNITY SERVICES GRANT ACTIVITY “HOUSING
OPPORTUNITIES FOR PERSONS WITH AIDS (“HOPWA”)”
Given its first reading; assigned to the HUMAN AFFAIRS COMMITTEE by President Wilshire

President Wilshire
Alderwoman Lu, do you have a question?
Alderwoman Lu

Yes, a quick question, thank you. If everyone endorsed it would we actually have to send it to
Committee?

President Wilshire
You are cutting out Alderman Lu.
Alderwoman Lu

If we all endorsed it, would we need to send it to Committee?